Terms & Conditions – Open Productions

Terms & Conditions Spotify Playlist Pitching Service

Article 1: Definitions & concepts

Seller: Open Productions (as “Open-Pitch”)

Client: Person or party who has purchased a service on https://www.openproductions.eu/open-pitch/ , or has paid an invoice which is coming from info@openproductions.eu

Playlists: Lists on Spotify which include tracks and are followed by a certain amount of people.
Campaign: Service where 1 or more playlists are used to promote a track, by having the specific track featured in 1 or more lists.

Delivery Time: This is the amount of days which Open Productions is using to strive to receive playlist placements for the Client.

Follower Size: Amount of followers which are following 1 or more playlists. This is the total amount of 1 or more playlists together where the Seller is getting paid for.

Article 2: Playlist Follower-Packages

Playlists Follower Size Estimated Delivery Time

3-6 10k-50k 2-7 days

6-12 50k-100k 7-14 days

>12 >100k 21 days or more

Article 3: How does it work?

We pay curators or promoters a small fee for listening to the client his track. We continue this process until we have received the total amount where you are paying for. This means the client will get the 100% of the campaign size he is paying for. We still do this on a 100% pitched basis. Therefore, we fully comply with the terms of Spotify. All playlists we work with are real and created on organic basis.

Article 4: Delivery Time

The Delivery Time is starting at the moment that Open Productions has personally responded on the Order Confirmation email towards the Client, with proof of starting the campaign. This proof comes in the form of screenshots, URLs of playlists, invoice details in pdf or word formats

Cients will receive the personal response from Open Productions normally within 3 days.

Article 5: Limitation of Liability

Subject to Article 6 Open Productions shall not in any circumstances be liable to the Client in respect of any: loss of profits; or loss of contracts; or loss of revenue or goodwill; or type of special, indirect or consequential loss, business interruption or loss of or damage to business information or data whether in contract, tort (including but not limited to negligence) or otherwise and whether or not suffered as a result of an action brought by a third party, even if such loss was reasonably foreseeable or the Client had been advised at any time of the possibility of the Client incurring the same.

For the avoidance of doubt, Open Productions shall not be liable to the Client or be deemed to be in breach of these Terms of Business by reason of any delay in performing, or any failure to perform, any of its obligations under these Terms of Business, if the delay or failure was due to any cause beyond Open Productions’s control, due to any instructions given by the Client or in any delay caused by the Client.

Open Productions shall not be responsible in contract or in tort (including, but not limited to, negligence) or otherwise for the unauthorised access to, or alteration, theft or destruction of emails, files, programs, or information of the Client by any person (other than Open Productions) through accident or by fraudulent means or devices where Open Productions has exercised that degree of skill, diligence, prudence and foresight which, as at the relevant time, would reasonably and ordinarily be expected from a skilled and experienced supplier of information technology services seeking in good faith to comply with its contractual obligations in providing the Services to prevent such activities.

Open Productions shall have no liability if Third Party Products breach, infringe or make unauthorised use of any third party rights, save to the extent that Open Productions knew, or should reasonably have known, of such infringement or unauthorised use at the time it sub-licensed such Third Party Products to the Client.

Save as expressly set out herein all conditions, warranties, terms and undertakings express or implied statutory or otherwise (including, without limitation, as to fitness for purpose or satisfactory quality) in respect of the Services or any products provided pursuant to the Services are hereby excluded except to the extent to which it is unlawful to exclude such liability.

Nothing in these Terms of Business shall confer any right or remedy upon

the Client to which it would not otherwise be entitled.

The limitations and exclusions of liability in these Terms of Business shall survive termination of these Terms of Business.

Article 6: Refunds

The Client is authorized to comply for a full refund at the moment that their campaign has not been started yet. This means the client has not received a personal confirmation email yet from one of the Open Productions team members.

If the campaign has been started already, which means the Client his track has been pitched to playlist curators or received playlist spots already, the Client is unable to apply for a refund. (Except if discussed otherwise, on campaigns starting from 12 playlists, The Client is authorized for a partly refund of the part of his campaign which has not been covered and/or scheduled yet.)

If the Client is unsatisfied after receiving the full service, the Client can ask Open Productions for an appropriate solution. Open Productions will get extra pitches and placements in most cases, but is not obligated to do so. In this situation, The Client will not ask for a refund, as at this moment the service became non-refundable.

Refund Example: If client paid for a 10 playlists campaign, and 8 has been done, client can ask for a refund of the remaining 2, which is equal to 20% of the full campaign. This means, the client will get a refund of 20%. But if 8 is done, and 2 is already scheduled for within a week, the payment is non-refundable. This campaign is already marked as finished.

Article 7: Termination

Where a contract is for the provision of the Services over a period of time, a contract may be terminated by either party giving to the other one month’s written notice PROVIDED ALWAYS that if the Client terminates the contract he shall: pay immediately all outstanding sums due to Open Productions; be responsible for all costs and expenses incurred by Open Productions in respect of any uncompleted service

and be liable for one month’s fees, whether or not activity is required from Open Productions for the Client during this period; accept and pay invoices from Open Productions calculated at the contract rate in respect of any Services completed or partly completed; discharge any liability of Open Productions to third parties incurred in relation to any Services originally envisaged pursuant to the Client’s initial instructions.

Provide any notice required or permitted under the terms of these Terms of Business or required by statute, law or regulation shall (unless otherwise provided) in writing marked for the attention of the Managing Director. Any notification to any other employee or officer of Open Productions shall not be effective. Subject to the other provisions of this clause 5 these Terms of Business shall commence on the date of order.

Article 8: Indemnity

The Client shall indemnify Open Productions in respect of all damage or injury occurring to any person, firm, company or property and against all actions, suits, claims, demands, charges or expenses in connection there with for which Open Productions may become liable in respect of any breach of contract or in respect of the Services sold under any contract. In particular, it is stressed that the Client is responsible for all copy, slogans, words or methods supplied or suggested by it to Open Productions, and also such items approved by it after suggestion by Open Productions and therefore such indemnity shall extend to claims for copywriter or patent infringement, libel or other defamation.

Article 9: Waiver of Remedies

No forbearance, delay or indulgence by either party in enforcing the provisions of these Terms of Business shall prejudice or restrict the rights of that party nor shall any waiver of its rights operate as a waiver of any subsequent breach and no right, power or remedy herein conferred upon or reserved for either party is exclusive of any other right, power or remedy available to that party and each such right, power or remedy shall be cumulative.

Article 10: 7 Days of reflection time

Open Productions is getting 7 days of reflection time. This means Open Productions is in his right to refuse / deny any track for a Campaign. These 7 days start from the moment Open Productions has received the payment for a specific campaign. Due a wide network of Spotify curators in many genres, this normally never happens. 99% chance the track will get accepted for a campaign.

Article 11: Response

Once you order, you agree to wait from 24 to 72 business hours for an email from us. There will be no emails sent out on weekends. (Friday after 6PM GMT to monday 8AM). If we don’t email you within 72 hours, we are probably working on other orders. In this situation, feel free to email info@openproductions.eu for a status update.

Article 12: Marketing communications

By using any contact forms at www.openproductions.eu you agree that contact forms may be used to collect your email address, your personal name and your customized data for email marketing purpose. You can unsubscribe anytime, or adjust your preference anytime you receive an email. Email adresses can be used for external marketing purposes beside email marketing alone, like Facebook advertisement.

Article 13: Marketing Purposes

By using any service of Open Productions, you agree to the fact that your campaign may be used for marketing purposes.

Article 14: Marketing Purposes

Clients need to submit a Spotify track URL or URI which is available worlwide. If they don’t Open Productions has the right to hold the payment until the track is published worldwide. It clients do not submit a song which is available worldwide, Open Productions will normally give a refund within 31 days after the song has been submitted and the payment has been made, although Open Productions is not obligated to do so. If the campaign has started already, the terms of article 6 apply.

PLAY CAMPAIGNS COULD LAST UP TO 2 MONTHS.

YOU AGREE TO NOT FILE AN DISPUTE ON PAYPAL, YOU CAN RESOLVE PROBLEMS AT info@openproductions.eu

IF YOU ORDER ON THURSDAY, THERE WILL BE A CHANCE YOU WILL GET AN EMAIL FROM US ON MONDAY.

Article 15: Governing law

The laws of Italy shall be applicable on these terms and conditions.